The following is a summary of the zigdao.com Terms of Service provided solely for your convenience and informational purposes. You must read the complete Terms of Service below for the legally binding terms.
Summary of zigdao.com Terms of Service
This summary provides an overview of our Terms of Service that apply to your use of our website, platforms, trading and other services.
THIS SUMMARY ISN�T LEGALLY BINDING AND IS PURELY FOR INFORMATION PURPOSES.
If you consider using our services, you should read the complete Terms of Service for the legally binding terms.
Applicable Terms. The Terms of Service will only apply to you if you don't reside in any of the restricted jurisdictions. We have some separate terms if you reside in South Africa.
Account and Eligibility. The Terms of Service sets forth certain criteria for your eligibility to use our services and platforms. It also includes requirements about who may create an account and what are prohibited activities with your account.
Our Services. We provide detailed description about how you can use our services. Since there are fees associated with our services The Terms of Service provide information on those fees and how they may be paid by you. There are also a number of ways in which you are prohibited from using our services or platforms.
Availability of Services. Certain services may not be available or may only be available in certain jurisdictions. We may stop providing certain services.
Changes. The Terms of Service discuss changes we can make to our services, platforms, or The Terms of Service themselves, including how we can suspend or terminate the services or platforms or your account. Changes to The Terms of Service, our services, or platforms may be made at any time, with or without notice. Continued use of our services and platforms is your consent to The Terms of Service and any changes to them.
Risks and Liability. There are risks associated with using our services, and The Terms of Service cover some of these risks. The Terms of Service also cover your responsibility for taking on risk, limit our liability to you, and limit the remedies you may have against us and how you may seek those remedies.
Insurance. We are holding valid insurance as per Category II Discretionary Financial Service Provider Licence No. 46517 issued by the Financial Sector Conduct Authority ( FSCA) of South Africa.
Annexes. You may have the opportunity to use additional services we provide. The Annexes to The Terms of Service contain terms and conditions on additional services.
Dispute Resolution. In situations of disputes you are required to arbitrate disputes with us and the manner in which you can seek relief may be limited.
Terminate Account. You may terminate your account at any time by transferring your Digital Assets and redeeming your Fiat Balances to a Financial Account and ceasing to use our services. Certain terms of our relationship survive terminating your account, and these terms are detailed below.
These Terms of Service is a legal and binding contract between Highend Technologies LLC, a Saint Vincent and the Grenadines limited liability company with Limited Liability Company Number 852 LLC 2021, including its affiliate- MERRITT ADMINISTRATORS PROPRIETARY Limited, a South Africa private company limited by shares with registration No.2013/189063/07, holding Category II Discretionary Financial Service Provider Licence No. 46517 issued by the Financial Sector Conduct Authority ( FSCA) of South Africa,
successors and assigns (hereinafter � Infiniti Group Ltd �, � our �, � us � or � we �), and the party or parties (the � User �, � you � or � your �) accessing and/or using the Services.
The Terms of Service, together with all other agreements, acknowledgments and authorizations by User in connection with the registration or maintenance of an account with Infiniti Group Ltd and the use of the Services, including but not limited to the API License Agreement, the Risk Warning and the Privacy Policy, which are found on our website (together the � Terms �) represent The Terms of Service with which Infiniti Group Ltd will provide the Services to the User.
The Terms of Service sets out the respective rights and obligations of both parties in connection with the Services and both parties will accept and be bound by these terms on acceptance of The Terms of Service and conditions contained herein. User agrees that the following rights and obligations will govern the relationship between Infiniti Group Ltd and User.
We make our services available for users in many countries. Because of this, not all services are available in every location, and the services may be provided to you by one of our affiliated entities.
PLEASE READ THE TERMS OF SERVICE CAREFULLY AS THEY GOVERN YOUR RELATIONSHIP WITH INFINITI GROUP LTD. IF YOU DISAGREE WITH ANY PART OF THE TERMS OF SERVICE THEN YOU SHALL NOT ACCESS ANY SERVICES AND PRODUCTS OFFERED BY OR THROUGH INFINITI GROUP LTD. THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
BY REGISTERING AND/OR MAINTAINING AN ACCOUNT AND/OR ACCESSING AND/OR USING OUR SERVICES YOU ACKNOWLEDGE THAT (I) YOU HAVE READ AND UNDERSTAND YOUR OBLIGATIONS AND RIGHTS UNDER THE TERMS OF SERVICE AND AGREE AND ACKNOWLEDGE THAT THIS TERMS OF SERVICE, THE API LICENSE AGREEMENT, THE RISK WARNING AND THE PRIVACY POLICY WILL COMPRISE THE FULL TERMS AND CONDITIONS OF YOUR RELATIONSHIP WITH INFINITI GROUP LTD; (II) YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR MAKING ALL DECISIONS AS TO TRANSACTIONS EFFECTED FOR YOUR ACCOUNT; (III) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH INVESTING AND TRADING IN DIGITAL ASSETS AND DIGITAL ASSET DERIVATIVES; (IV) YOU ASSUME ALL RISKS RELATED TO THE USE OF YOUR ACCOUNT AND TRADING IN DIGITAL ASSETS AND DIGITAL ASSET DERIVATIVES; (V) YOU ARE AWARE OF AND ASSUME ALL THE RISKS ASSOCIATED WITH INVESTING IN DIGITAL ASSETS AND DIGITAL ASSETS DERIVATIVES. ADDITIONALLY, YOU UNDERSTAND THAT POOLED FUNDS ARE MANAGED BY WEALTH MANAGERS WHO ARE ENTRUSTED WITH THE AUTHORITY TO MAKE INVESTMENT DECISIONS ON YOUR BEHALF. (VI) INFINITI GROUP LTD SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES; AND (VI) YOU DECLARE THAT YOU HAVE CONSIDERED THE FOREGOING FACTORS AND IN VIEW OF YOUR PRESENT AND ANTICIPATED FINANCIAL RESOURCES, YOU ARE WILLING AND ABLE TO ASSUME THE SUBSTANTIAL FINANCIAL RISKS OF INVESTING IN DIGITAL ASSETS, FUTURES, DIGITAL ASSET DERIVATIVES AND SOCIAL TRADING.
IT IS YOUR RESPONSIBILITY TO FIND OUT ALL NECESSARY INFORMATION ABOUT INVESTING IN DIGITAL ASSETS, DIGITAL ASSET DERIVATIVES, AND SOCIAL TRADING AND THE TERMS OF SERVICE AND MAKE SURE THAT ALL RISKS AND ARRANGEMENTS ARE DISCUSSED AND CLEARLY UNDERSTOOD PRIOR TO ANY TRADING OR INVESTMENT ACTIVITY OR USE OF THE SERVICES.
If you reside in South Africa, The South Africa Terms of Service are the binding agreement between you and Infiniti Group Ltd.
1.1. Definitions
�Account� shall mean the Account opened by Infiniti Group Ltd for the User which provides access to the Services.
�Agreement� shall include these Terms of Service and all other agreements and authorizations executed by User in connection with the registration or maintenance of an account with Infiniti Group Ltd and the use of the Services.
�API� shall mean Application Programming Interfaces provided by Infiniti Group Ltd allowing users to interact directly with the Digital Asset exchanges.
�Content� shall mean any information or documents or images on the Website, and its related sites and mobile applications, data available through any APIs, and any information, documents or images on Infiniti Group Ltd accounts in any third-party social media platforms, including but not limited to Twitter, Instagram, Telegram, Facebook, Discord, Github, Medium, YouTube, and Reddit.
�Digital Asset Derivatives� shall mean contracts between two or more parties whose value is based on an underlying Digital Asset. Digital Asset Derivatives include but are not limited to Options, Perpetual Swaps, Futures, and other instruments such as forwards, and contracts for difference.
�Digital Asset Exchange� shall mean a platform that facilitates the buying, selling, and trading of digital assets, such as cryptocurrencies, tokens, and other forms of digital currency. Digital asset exchange provides solutions for Trading Pairs -different combinations of digital assets and fiat currencies that can be traded against each other; Order Types - options for placing trades, such as market orders, limit orders, and stop orders. Digital asset exchanges can be centralized, where a central authority manages the platform, or decentralized, where trading is facilitated without a central authority, relying on blockchain technology to enable peer-to-peer transactions.
�Digital Assets� shall mean electronic files or records that are stored digitally and possess value or provide rights to the owner. These assets are created, traded, and stored in digital form and can be exchanged on various digital platforms. Digital assets encompass a wide range of items, including but not limited to: Cryptocurrencies- digital currencies that use cryptography for security, such as Bitcoin, Ethereum, and Litecoin; Tokens- digital units issued on a blockchain, representing assets, utility, or rights within a particular ecosystem. Examples include utility tokens (used for accessing services) and security tokens (representing ownership in an asset); Digital Art and NFTs (Non-Fungible Tokens)- unique digital items verified using blockchain technology, such as artwork, music, videos, and collectibles; Stablecoins- cryptocurrencies pegged to a stable asset, such as a fiat currency, to minimize price volatility.
�Digital Asset Wallet� means an online digital address accessible through the Platform and operated by a User from where User may load Digital Assets into the Account, where Digital Assets can be stored and to which User may transfer Digital Assets from User� s Account
�Exchange Master Account� shall mean an account maintained by Infiniti Group Ltd in a Digital Asset Exchange.
�Exchange Sub-Account� shall mean a User�s segregated account maintained under the Exchange Master Account accessible through the User�s Account.
�External Exchange Account� shall mean an account maintained by a User in a Digital Asset Exchange which is connected to the User Account.
�Forex Derivatives� means currency-based derivative instruments, including but not limited to currency futures, forwards, swaps, options, contracts-for-difference (CFDs), perpetual swaps, or any instrument that derives its value from an underlying currency pair, and which qualify as Financial Products under the South African FAIS Act and subordinate legislation.
�Intellectual Property Rights� shall include, but not limited to, any registered or unregistered patents, database rights, data protection rights, trademarks, trade secrets, trade names, corporate names, service marks, tag lines and descriptors, domain names, design, structure, layouts, graphical images, typography, color palettes, and copyrightable works, including but not limited to software applications, underlying source code, stationery, signage, promotional items, advertising and marketing materials, press releases, photographs, forms, and electronic media.
�KYC/AML & CTF Policy� shall mean the policies and procedures implemented by Infiniti Group Ltd to detect and prevent money laundering, terrorist financing, and corruption.
�Profit-Sharing Software� shall mean Infiniti Group Ltd�s profit sharing software which allows Users to maintain a Wealth Manager account.
�Prohibited Activities� shall mean the activities listed in Section 8 of these Terms of Service.
�Prohibited Jurisdiction� -Infiniti Group Ltd prohibits access to its services for users from certain jurisdictions that are subject to comprehensive sanctions, selective sanctions, or that pose heightened compliance risk. No KYC verification allowed, no wallet or transaction access allowed and all services shall be disabled for Users who are nationals, residents, or physically located in these countries:
- Cuba
- Democratic People�s Republic of North Korea
- Iran
- Syria
- Crimea
- Sevastopol
- Donetsk People�s Republic (DNR)
- Luhansk People�s Republic (LNR)
- Myanmar
- Zaporizhzhia Oblast (Russian-occupied areas)
- Kherson Oblast (Russian-occupied areas)
- Venezuela
- Canada
- United States
Important User Responsibility Disclaimer: It is the responsibility of each individual user to ensure that their use of Infiniti Group Ltd�s services complies with the applicable laws and regulations of their jurisdiction. Infiniti Group Ltd does not provide legal advice regarding the legality of its services in any specific country or territory.
Infiniti Group Ltd reserves the right to exclude users from any jurisdiction at its sole discretion, including new territories that become subject to sanctions, emerging geopolitical risks, or regulatory restrictions. These may be updated without notice based on global events or legal developments.
All access denials and jurisdictional filtering actions will be logged and retained in accordance with Infiniti Group Ltd�s data retention policies and regulatory obligations.
�Services� shall mean all the services provided by Infiniti Group Ltd, as described in Section 7 herein.
�Trading Terminal� shall mean Infiniti Group Ltd�s trading software, web-based applications, mobile applications and APIs which allows Users to connect with Digital Asset Exchanges either via an Exchange Sub-Account or via an External Exchange Account and place orders for buying and selling Digital Assets and Digital Asset Derivatives in such Digital Asset Exchanges.
�Third Party Partner� refers to the third-party partners with whom Infiniti Group Ltd collaborates to provide complementary services and/or features, that are ancillary to the services we provide on our Website. These Third Party Providers may include software developers, data processors, payment processors, content providers, KYC/KYB providers or any other third party integrating their own services with Infiniti Group Ltd, to enhance its functionality and offering to our Users.
�U.S.� or �US � or � United States � shall mean all states of the United States of America, the District of Columbia; the Commonwealth of Puerto Rico; the U.S. Virgin Islands; Guam; the Commonwealth of the Northern Mariana Islands; and all other territories and possessions of the United States of America.
�US Person� shall mean (i) a U.S. citizen; (ii) a U.S. lawful permanent resident; (iii) a protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act, or individual who holds a passport issued by the United States Government; (iv) a corporation, company, partnership, or other legal entity established or organized in or under the Laws of the United States; (v) an individual, a corporation, company, partnership, or other legal entity which engages in a trade or business in the United States and generates income from sources within the United States connected with the conduct of that trade or business; (vi) any estate of a decedent who was a U.S. citizen or a U.S. lawful permanent resident; or a protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act; (vii) any trust if a court within the United States is able to exercise primary supervision over the administration of the trust, and/or one or more US Persons have the authority to control all substantial decisions of the trust, and/or one or US Persons are designated as settlors, trustees, protectors or beneficiaries; (viii) any Person organized or incorporated outside the United States and the Territory or Insular Possession of the United States in which any of the foregoing, whether singularly or in the aggregate, directly or indirectly holds a 50 percent or greater equity interest by votes or value, holds a majority of seats or memberships on the board of directors of the entity, or authorizes, establishes, directs, or otherwise controls the actions, policies, personnel decisions, or day-to-day operations of the Person; or (ix) any person who is subject to taxes in the US.
�User�, �you�, or �your� shall mean the party (or parties) who have agreed to be bound by The Terms of Service.
�User Content� shall mean any content, feedback, suggestions, ideas, or other information or materials about Infiniti Group Ltd, or the Services, that you provide to Infiniti Group Ltd through the Website, the Services, or any other means including but not limited to blogs, message boards, forums and APIs (whether or not submitted through a third party).
�Wealth Manager� shall mean a professional who has the authority to make investment decisions based on a specific trading or investment strategy that they offer.Wealth managers are trusted to utilize their skills and knowledge to optimize investment performance, adhering to the best practices and strategies in the dynamic digital asset market. These managers operate funds from users who have chosen to invest in their strategy pool through our platform. Wealth managers on our platform are verified by us, ensuring they meet stringent standards of expertise and reliability. Attributes of our wealth managers include: Investment Authority- empowered to make all investment decisions within the parameters of their offered strategy; Platform Approval- approved and verified by Infiniti Group Ltd, affirming their credibility and proficiency in managing investments; Responsibility -bear full responsibility for all investment decisions and their outcomes; Expertise- possess significant experience in investing and trading digital assets and digital asset derivatives on digital asset exchanges; Compliance- must pass Know Your Customer (KYC) and Know Your Business (KYB) requirements of the particular digital asset exchange they operate on.
�Infiniti Group Ltd � shall, where the context so permits or requires, mean Highend Technologies LLC, or its subsidiaries and affiliates and their successors and assigns.
1.2. In this Agreement, unless the context otherwise requires
d)the words: �may� shall be construed as permissive; �shall� or �will� shall be construed as imperative;
The use of the Website and its content is voluntary and falls under the responsibility of the User.
2.1. Currency and Valuation Standard- All calculations, valuations, fees, rewards, payments, collateral requirements, margin calculations, settlement amounts, and any other monetary obligations under these Terms shall be denominated and calculated in USD Tether (�USDT�), a U.S. Dollar�pegged stablecoin. For the purposes of these Terms, USDT shall be deemed to maintain a fixed notional value of 1 USDT = 1.00 United States Dollar (USD). Unless expressly provided otherwise, any reference to �USD� in these Terms shall be interpreted as a reference to USDT at the fixed rate of 1:1 (one USDT equals one U.S. Dollar).
The Parties acknowledge that the fixed notional valuation of USDT at 1:1 USD is applied solely for calculation, accounting, and settlement within the Infiniti Group Ltd Platform and shall govern regardless of temporary market fluctuations in secondary markets.
2.2. Legality � These Terms of Service constitute a legal agreement and create a binding contract between you and Infiniti Group Ltd.
2.3. Eligibility �
2.3.1. The User who is a natural person who has attained the age of 18 with legal capacity and sufficient authorization to enter these Terms.
2.3.2. The User who is an entity, be duly organized and validly existing under the applicable laws of the jurisdiction of your organization.
2.4. Supplementary Terms � These Terms of Service do not cover all rights and obligations. Therefore, the Privacy & Cookies Policy and all other agreements entered into separately between you and Infiniti Group Ltd are deemed to be considered Supplementary Terms that are an integral part of these Terms of Use and shall have the same legal effect.
2.5. Third Party Partner Terms � Infiniti Group Ltd Website is not a trading platform.Infiniti Group Ltd is an innovative platform that bridges the gap between individual investors and wealth managers specializing in digital assets. For users interested in investing in digital assets, Infiniti Group Ltd provides access to a variety of investment strategies curated by Wealth managers who have been onboarded to the platform. Infiniti Group Ltd offers robust technological solutions to Wealth managers, enabling them to connect with third-party exchanges, platforms, and protocols. This facilitates the execution of their investment and trading strategies efficiently. Some services and features on the Infiniti Group Ltd website may direct users to the websites or platforms of Infiniti Group Ltd's Third Party Partners (the �Third Party Partner Platforms�). When users are diverted to a Third Party Partner Platform, they will be subject to the Terms of Service and Conditions of the respective Third Party Partner. Infiniti Group Ltd has no control or influence over these terms and conditions, and users are encouraged to review and understand them thoroughly before using any of their services.
2.6. Changes to The Terms of Service of Use � Infiniti Group Ltd�s Terms of Service are reviewed regularly and updated to ensure compliance with all relevant applicable laws and regulations. We reserve the right to change or modify our Terms of Service at our discretion at any time. You will see when The Terms of Service have been updated by referring to the date at the top of this page. When an updated version of these Terms of Service is released, by continuing to access our Website after that point, you will be regarded as having given your agreement and consent to the updated Terms. THEREFORE, YOU ARE ENCOURAGED TO PERIODICALLY REVIEW THE TERMS OF SERVICE ON OUR WEBSITE TO ENSURE YOU UNDERSTAND THE CURRENT TERMS THAT APPLY TO YOUR ACCESS TO AND USE OF INFINITI GROUP LTD�S WEBSITE.
2.7. User Restrictions � We reserve the right and sole discretion to choose the markets and jurisdictions we conduct business in. Specific Services may be unavailable within particular jurisdictions, regions, or for certain User categories. We retain the prerogative to implement alterations, modifications, or impose supplementary limitations at our discretion, at any juncture.
Infiniti Group Ltd has a Category II Discretionary Financial Service Provider License and provides financial services within the scope of the Licence.
Infiniti Group Ltd is an innovative platform that bridges the gap between individual investors and wealth managers specializing in Digital Assets. For users interested in investing in Digital Assets, Infiniti Group Ltd provides access to a variety of investment strategies curated by Wealth managers who have been onboarded to the platform. Individual Users can choose from various investment strategies offered by Wealth managers to invest in digital assets. Infiniti Group Ltd leverages advanced technology to ensure seamless connectivity between Users and Wealth managers.
Infiniti Group Ltd offers robust technological solutions to Wealth managers, enabling them to connect with third-party exchanges, platforms, and protocols. This facilitates the execution of their investment and trading strategies efficiently. Wealth managers benefit from tools and support provided by Infiniti Group Ltd to enhance their operational capabilities and reach a broader audience.
Infiniti Group Ltd serves as a comprehensive solution for both individual Users and Wealth managers, offering a secure, technologically advanced environment for digital asset investments while ensuring users are informed about and protected by the terms and conditions of third-party partners.
Infiniti Group Ltd does not offer spot foreign exchange trading or direct currency dealing. All exposure to currency markets is exclusively through Forex Derivatives within the scope of Infiniti Group Ltd�s Category II Discretionary FSP Licence. All Forex Derivative positions are executed exclusively by Wealth Managers via regulated exchanges or licensed counterparties.
Infiniti Group Ltd does not provide financial advice, investment management or any consulting or advisory services.
Your access or use of the Services is at your sole risk, and you are solely responsible for any losses, damages or costs resulting from using or accessing the Services. The Services do not constitute investment advice or any marketing, or promotion or offer of any product or investment to you or any third party. The Services are provided on an �AS IS� and �AS AVAILABLE� basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Infiniti Group Ltd shall in no event be held liable for any loss or other damages, including but not limited to special, incidental, consequential, or other damages. Without limiting the foregoing, Infiniti Group Ltd does not represent or warrant that the Services are accurate, complete, reliable, current or error-free, or free of viruses or other harmful components. By accessing and/or using our Services, you agree that Infiniti Group Ltd shall not have any liability, contingent or otherwise, to you or to any third parties, for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Services or for delays or omissions of the Services, or for the failure of any connection or communication service to provide or maintain your access to the Services, or for any interruption in or disruption of your access or any erroneous communications between Infiniti Group Ltd and you, regardless of cause.
By accessing and/or using the Services, you represent and warrant that:
When you register for your Infiniti Group Ltd account, you shall undergo a certain onboarding process, subject to our internal verification. You must provide a strong password, and accept these Terms of Service, Privacy & Cookie Policy and other related Infiniti Group Ltd policies and documents, you may also use the Unique Referral Code during the sign-up process.
We shall, either at the time of opening the User Account, or while undertaking any transactions, (or, may, even during Periodic Updates), or for any other reason, ensure your compliance with the following;
6.1.Require that You undergo a verification process during the activation process of Your User Account by submitting required identification details.
6.1.1. Identity Verification
We will ask for your name, mailing address, and other information, and documents that will allow us to identify you in line with the KYC/AML & CTF Policy. Infiniti Group Ltd has implemented a fully compliant and advanced User onboarding and AML Screening system (�KYC System�) through its Third Party Partner and in correlation with requirements of the Digital Asset Exchanges. In order to conduct the Identity verification, we may insist you complete the following KYC process;
6.2. In providing Us with the above-mentioned information, you represent and warrant to confirm that the information is accurate and authentic. Further, you agree to keep Us updated if any of the information you provide changes. If there are any grounds for believing that any of the information you provided is incorrect, false, outdated or incomplete, we reserve the right to send you a letter of demand for corrections, suspend, freeze or terminate all/part of our Services we provide you. If we are unable to reach you with the contact information you provided, you shall be fully liable for any loss or expense caused to Us during your use of our Services.
6.3. By accepting these Terms of Service, you authorize Us to make inquiries, whether directly or through Third Party Partners, that we may consider necessary to verify your identity or to protect you and/or Us against fraud or any other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. Further, you expressly acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime institutions or authorities and these institutions or authorities may respond to our inquiries in full.
6.4.Require You to furnish such other details as may be deemed necessary by Us to verify Your identity.
6.5.Require You to submit such additional information and/or data as may be directed by a competent enforcement authority.
6.6.We may, in its sole discretion, refuse to open any new accounts, suspend or terminate existing User Accounts after giving due notice, or refuse to process any transactions on the Platform if it is unable to ensure compliance with any of the aforementioned conditions, either due to non- cooperation by the User or due to the details provided by the User being unreliable or unverifiable to Our satisfaction.
6.7.We may limit the functionality of the Platform for Users who have not submitted full verification to us. These limitations may be applied to services on the Platform.
6.8.When you create a User Account, a User Identification Number (UID) is assigned by Us to identify you on the Platform. You can find your UID on your Account Dashboard on the website.
6.9.You may create a User Account only if you are at least 18 years old before you create an account.
6.10.Except with our approval, one User may register only one User Account on the Platform. We may cancel or terminate your User Account if we have reasons to suspect that you have concurrently registered or are in control of two or more User Accounts. Further, we have the right to reject your application for registration for any reason.
6.11.You shall be solely and exclusively responsible for maintaining the confidentiality and security of your login credentials for accessing your account including your username and password. Each User Account UID is unique to each User Account. You will take all possible care to prevent unauthorized disclosure to, and access by, any person of your login credentials. In any event, we are not liable or responsible for any unauthorized access to your User Account. You will immediately notify us of any unauthorized use of your User Account or any other breach of this User Agreement, the other Agreements or security known to you.
6.12.We shall be entitled to presume that any person who logs in with your login credentials is you. You will therefore be responsible for any actions taken using your login credentials.
6.13.We may cancel or suspend User Accounts that have been inactive for a long time, exhibit suspicious behaviour or are doing market manipulation or are other prohibited activities.
6.14.Subject to your compliance with these Agreements and the applicable law, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use and access the Platform. We may deploy technologies or processes to enforce the above grant of rights.
6.15.You are also responsible for ensuring that all persons who access the Platform through You/ Your internet connection or network are aware of these Agreements and other applicable terms and conditions, and that they comply with them.
Subject to your compliance with The Terms of Service, your Infiniti Group Ltd Account provides access to the following Services, unless otherwise noted:
7.2. Margin Trading of Digital Assets on Infiniti Group Ltd- Margin trading of Digital Assets on the Infiniti Group Ltd platform is conducted exclusively by Wealth managers. Infiniti Group Ltd provides the technological infrastructure to facilitate interactions and connections between Wealth managers and Digital Asset exchanges. However, Infiniti Group Ltd does not assume any responsibility for the investment decisions or outcomes associated with margin trading. The Wealth managers are solely responsible for executing trades and managing investments according to their strategies:
7.3. Profit Sharing Software: The Services provided by Infiniti Group Ltd offer functionalities that enable users to deposit funds into a trading strategy pool managed by Wealth managers. These funds are managed on the User�s behalf. The User is solely responsible for choosing the Wealth manager. Infiniti Group Ltd bears no responsibility for the actions or decisions made by the selected Wealth manager. This structure ensures that users have the flexibility to choose their preferred method of investment management while Infiniti Group Ltd provides the technological platform to facilitate these interactions without assuming responsibility for individual investment decisions.
7.5. WEALTH Managers are not employees or contractors of Infiniti Group Ltd and are not affiliated with Infiniti Group Ltd in any other way. Infiniti Group Ltd does not authorise the WEALTH Manager to solicit any third parties on behalf of Infiniti Group Ltd to make Investments. Infiniti Group Ltd has no obligation to reveal any personal information about WEALTH Managers.
Infiniti Group Ltd does not provide asset management, portfolio management, personalised investment recommendations or advisory services to Users within the scope of the Services. Any information provided by Infiniti Group Ltd to the Users should not be considered as advice of any kind. User passes his investment decision himself and bears all the responsibility.
Users may not interfere in the investment and trading operations of WEALTH Managers and/or challenge their trading strategy.
7.8. Infiniti Group Ltd can list you as a Wealth manager once enough data on your performance is collected. There are special criteria defined for Wealth managers.
7.9. Infiniti Group Ltd supervises the activities and performance of Wealth managers according to approved criteria. Infiniti Group Ltd reserves the right to remove a Wealth manager from the list or suspend their account and close the account for prohibited activities. Infiniti Group Ltd does not evaluate the merits, expertise, experience, or performance of any Wealth manager. Infiniti Group Ltd is not responsible for the competency, business practices, or ethics of the Wealth manager, and bears no responsibility to the users for any potential loss or lost profit. Infiniti Group Ltd is not responsible for ensuring that the Wealth manager is licensed or authorized (if required) to carry out trading activities. Infiniti Group Ltd is not responsible for providing Wealth managers with premises, data systems, or any secretarial, bookkeeping, or recordkeeping services to assist in managing the account.
This framework ensures that users have the flexibility to choose their preferred method of investment management while Infiniti Group Ltd provides the technological platform to facilitate these interactions. Infiniti Group Ltd maintains oversight to ensure compliance and integrity within its platform.
Infiniti Group Ltd reserves the right to suspend, stop or block any WEALTH Manager managing investment pools, or any User from using the pooled trading strategies solution, under the Account at any time upon its sole discretion. Infiniti Group Ltd shall not be obliged to give reasons for such a decision, and shall not be liable for any outcome arising from exercising such rights.
7.11. WEALTH Manager� s Account
A User registered by Infiniti Group Ltd as WEALTH Managers represents and warrants that:
User registered by Infiniti Group Ltd as a WEALTH Manager undertakes:
If in the result of the Wealth manager�s failure to fulfill any of the obligations listed in this Section any claims or actions are laid against Infiniti Group Ltd, the WEALTH Manager undertakes to reimburse all the costs incurred by Infiniti Group Ltd in full measure. In such events, all WEALTH Managers withdrawal requests will be canceled by Infiniti Group Ltd and will not be executed until the full resolution of all disputes.
WEALTH Managers ( may charge commissions in the form of Success Fees on trading profits (� Success Fees� ). Success Fees are set by WEALTH Managers at their own discretion. Users accessing and using pooled trading strategies solution agree to pay the Success Fees and/or Subscription Fees, and authorize Infiniti Group Ltd to deduct such Success Fees from their trading profits or Account�s Digital Asset Wallet balance, as the case may be. WEALTH Managers acknowledges, understands and agrees that Infiniti Group Ltd may impose limits on the Subscription and/or Success Fees and/or may deny eligibility of WEALTH Managers to receive Success Fees and/ or Subscription Fees at Infiniti Group Ltd�s own discretion without prior notice and without any liability whatsoever. WEALTH Managers acknowledges, understands and agrees that they shall have no claim to Infiniti Group Ltd in the event of Infiniti Group Ltd changing the eligibility to receive Success Fees and/or Subscription Fees, or denying eligibility or payment of any Success Fees and/or Subscription Fees. Users, WEALTH Managers acknowledge and agree that Infiniti Group Ltd reserves the right to charge and receive commissions from the Success Fees, the Subscription Fees, or the trading profits accrued by the User arising from the use of the WEALTH manager�s services.
If Infiniti Group Ltd has grounds for supposing the action of a WEALTH Manager as a violation of these Terms of Service, Infiniti Group Ltd reserves the right on its discretion to use the Digital Assets of the WEALTH Manager to meet the claims of Users who have placed their Digital Assets to the pool of the trading strategy managed by the WEALTHY Manager.
Infiniti Group Ltd will not accept any complaints nor compensation requests for the performance of the WEALTH Manager and/or WEALTH Manager's Accounts.
8.1 Acknowledgement of Transfer to Service Pool Account By accessing and using the Services, you expressly acknowledge, consent, and agree that any funds or Digital Assets you allocate for trading or investment through the Platform will be transferred into one or more pooled investment accounts ("Service Pool Account(s)") under the management and control of a Wealth Manager selected by you through the Platform. You understand and accept that, once transferred to a Service Pool Account, such funds or Digital Assets will no longer be held in an individual segregated account, and will be subject to collective investment and management by the designated Wealth Manager.
8.2 Assumption of Risk: High Volatility and Other Investment Risks You further acknowledge and agree that all funds or Digital Assets transferred to a Service Pool Account and invested through the Platform are subject to inherent and substantial risks, including but not limited to:
8.2.1.You fully understand and accept these risks and represent that you have independently assessed the appropriateness of participating in such investment strategies in view of your own financial situation and risk tolerance. You further acknowledge and agree that Infiniti Group Ltd shall not be liable for any losses, damages, or adverse outcomes resulting from such risks or from investment decisions made by the Wealth Manager.
8.3 Acknowledgement of Withdrawal Process and Conditions You expressly acknowledge, consent, and agree to the following conditions applicable to the withdrawal of funds or Digital Assets from your Account:
8.3.1. You further acknowledge that the Wealth Manager may, in accordance with the applicable strategy parameters, investment cycle, market conditions, or liquidity constraints, determine the amount of funds available for withdrawal at any given time, and that such determinations are subject to their sole discretion and fiduciary obligations under applicable laws and these Terms of Service.
9.1. Infiniti Group Ltd has zero tolerance towards use of its Platform for any illegal purpose. Any such abuse or any suspicious or malicious activities by any User may result in forthwith restriction of access of the Platform, User Account, Digital Asset Wallet balances reflected in User Account, and reporting of such activities to concerned regulatory and statutory authorities as required. In connection with your use of the Services, and your interactions with other users, and any unaffiliated third parties, you agree and represent you will not engage in any Prohibited Activities. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Account if we determine, in our sole discretion, that your Account is associated with a Prohibited Activity
In connection with your access and/or use of the Account or the Services, you shall not:
9.1.1. violate (or assist any other party in violating) these Terms of Service and any Applicable Laws
use the Services for resale or commercial purposes, including transactions on behalf of other persons or entities;
9.1.2. violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your access and/or use of the Services;
intentionally try to defraud (or assist in the defrauding of) Infiniti Group Ltd or any other User
engage in any trading activity which, in our sole discretion, amounts to or may amount to market abuse including without limitation pumping and dumping, entering fictitious transactions or wash trading, front running, bear raiding or engaging in disorderly market conduct;
enter into non-competitive transactions on the Trading Platform for the purpose of assisting another person to engage in transactions that are in violation of The Terms of Service or any applicable laws or regulations;
engage in any trading, practice, or conduct on the Trading or Investment Platform that is commonly known as �spoofing� (bidding or offering with the intent to cancel the bid or offer before execution).
engaging in spot foreign exchange transactions or currency trading that does not qualify as a �financial product� under the FAIS Act unless explicitly permitted in writing by Infiniti Group Ltd and executed under a regulated counterparty.
keep, store, use, withdraw or transaction with Digital Assets that are obtained through, or otherwise use the Platform for any illegal, unlawful or fraudulent activities including without limitation money laundering, gambling, child trafficking, child porn, drugs or narcotics, counterfeiting, or terrorist financing, fraudulent activities;
infringe upon our Intellectual Property Rights or any third party�s copyright, patent, trademark, or other intellectual property rights;
take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data or information;
transmit or upload any material to the Website and/or through the Services, that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
attempt to gain unauthorized access to or use of the Website, the Services, the APIs, other Accounts, or computer systems connected to the Services;
use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of the Website, the Trading or Investment Platform or the Services;
probe, scan or test the vulnerabilities of the Website and/or the Services or any network connected to the properties, or violate any security or authentication measures on the Website and/or the Services;
trade taking advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
provide false, inaccurate, or misleading information including any Know Your Customer (KYC) information or any other document or information as sought by Infiniti Group Ltd;
distribute unsolicited or unauthorized advertising or promotional material, written media releases, public announcements and public disclosures, junk mail, spam or chain letters;
use a web crawler or similar technique to access our Services or to extract data;
reverse engineer or disassemble any aspect of the Website, APIs, or the Services in an effort to access any source code, underlying ideas and concepts and algorithms;
perform any unauthorized vulnerability, penetration or similar testing on the API;
attempt to gain unauthorized access to or use of the Website, other Accounts, computer systems, or networks connected to the Website, through password mining or any other means;
transfer any rights granted to you under these Terms of Service; or
engage in any behavior which violates The Terms of Service or is otherwise deemed unacceptable by us in our sole discretion.
Infiniti Group Ltd does not hold custody of the Digital Assets held in the Digital Assets� wallet accessible through your Account. Infiniti Group Ltd holds custody on Digital Assets that are invested in the pool of trading strategies to be managed by Wealth Manager and for custody solutions Infiniti Group Ltd might use Third party Services.
9.3. Usually Digital Assets are held in the Digital Asset Exchange, accessible either through your External Exchange Account or your Exchange Sub-Account. Using the Digital Assets� wallet of your Account is at all times your responsibility and is at your own risk. It is at all times your responsibility and is at your own risk. We shall not be liable for, and you shall assume full liability for, the loss of Digital Assets held in or transferred from or to your Account, including, but not limited to, unauthorized access by a third party, loss or violation of your passwords, private keys or mistakes or errors derived from transferring from and to wrongs Digital Asset public keys or addresses, or derived from a mismatch between the distributed ledger network of the sender address or public key and the recipient address or public key (� Blockchain Mismatch �). In the case of a loss of Digital Assets due to Blockchain Mismatch occurs when transferring Digital Assets to your Account, Infiniti Group Ltd is not responsible for any losses or fortaking any actions to attempt to recover such Digital Assets. The User acknowledges, understands and agrees that Digital Assets lost due to a Blockchain Mismatch are not recoverable by Infiniti Group Ltd.
You may withdraw your available Digital Assets from your Account, provided that i) you execute a withdrawal request; and (ii) your withdrawal request exceeds the minimum withdrawal requirement as determined by Infiniti Group Ltd from time to time. We are not responsible, nor liable, for any distributed ledger network fees (also known as �gas�) that may apply to your withdrawal request or otherwise your transfer of Digital Assets from your Account. You acknowledge, understand and agree that we may not be able to immediately execute any withdrawal request. Although we shall use our best efforts to execute a withdrawal request within reasonable time, we make no commitment or guarantee with respect to the processing time to execute a withdrawal request. We are not liable for any damages incurred due to a delay in executing your withdrawal request.
In the event, there are Digital Assets in your Exchange Sub-Account, and we are unable to contact you and have no record of your access and/or use of the Services for a period of time, we may be required by law to report these Digital Assets as unclaimed property to the relevant Digital Asset Exchange or the relevant jurisdiction. If this occurs, we will attempt to locate you at the last known address in our records (if any), but if we are unable to locate you, we are not responsible for the actions taken by the Digital Asset Exchange, and we may need to report the Digital Assets to the applicable jurisdiction as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed Digital Assets.
A historical record of your transactions on your Account (� Account History �) may be available on your Account. You acknowledge, understand and agree that the Account History shall not be treated as a valuation of your Account. We use commercially reasonable efforts to ensure that the information contained in your Account History and any notices Infiniti Group Ltd provides to you are accurate and reliable; however, errors may occur from time to time and such errors do not impact the actual means and results of a given transaction. It is your sole responsibility to review your Account History and any notices. Any transaction listed in your Account History, or other communication including, but not limited to, orders, trades or other receipts sent to your email on record shall be deemed and treated as authorized, correct, approved, and confirmed by you unless we receive written notice to the contrary within three (3) business days from the date the transaction was listed or the communication was sent (as the case may be).
Digital Assets are based on an open source protocol. Anyone may clone the source code of the Digital Asset and develop a diverging blockchain protocol without prior permission by anyone else, also known as �Forks�. Forks can be made to any Digital Asset that may change the usability, functions, value or even name of a given Digital Asset. Such Forks may result in multiple versions of a Digital Asset Asset and could lead to the dominance of one or more such versions of a Digital Asset Asset (each a � Dominant Digital Asset �) and the partial or total abandonment or loss of value of any other versions of such Digital Asset (each a � Non Dominant Digital Asset �). Infiniti Group Ltd is under no obligation and may not be able to support a Fork of a Digital Asset that you hold through your Account, whether or not any resulting version of such forked Digital Asset is a Dominant Digital Asset or Non-Dominant Digital Asset or holds value at or following such Fork. Furthermore, as Infiniti Group Ltd does not hold custody of the Digital Assets, we cannot guarantee and assume no responsibility on whether a given Digital Asset Exchange supports a given Fork. If the Digital Asset Exchange does not support the Fork, you may not be able to receive the Digital Assets arising from such Fork. Forks of Digital Assets can be frequent, contentious and unpredictable, and therefore cannot be consistently supported on Infiniti Group Ltd. When trading or holding Digital Assets using your Account, you should operate under the assumption that Infiniti Group Ltd and/or the Digital Asset Exchanges will never support any Fork of such Digital Asset. If Infiniti Group Ltd or the Digital Asset Exchanges elect, in their sole discretion, to support a Fork of a Digital Asset, it may choose to do so by making a public announcement through the Website or the Digital Asset Exchanges respective sites, or otherwise notifying Users, and shall bear no liability for any real or potential losses that may result based on the decision to support such Fork or the timing of implementation of support. If Infiniti Group Ltd and/or the Digital Asset Exchanges, in their sole discretion, do not elect to support a Fork of a given Digital Asset, including the determination to support, continue to support, or cease to support any Dominant Digital Asset or Non Dominant Digital Asset, Infiniti Group Ltd assumes no responsibility or liability whatsoever for any losses or other issues that might arise from an unsupported Fork of a Digital Asset
We grant you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services through your Internet compatible devices for your personal/internal purposes subject to The Terms of Service of this Agreement, to access and use the Website and the Services solely for approved purposes as permitted by Infiniti Group Ltd from time to time. You hereby agree that when you use the Services, Infiniti Group Ltd does not transfer the Services or any Intellectual Property Rights to you.
Although we intend to provide accurate and timely information, the Content may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our terms, policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Website, the Trading or Investment Platform or otherwise drawn from the Content are your sole responsibility and we shall have no liability for such decisions. Links to unaffiliated third-party materials (including without limitation websites and unaffiliated third parties) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any unaffiliated third-party materials or on any unaffiliated third party sites accessible or linked to the Website or the Services.
If, to the extent permitted by Infiniti Group Ltd from time to time, you grant express permission to an unaffiliated third party to access to your Account, you acknowledge that granting permission to an unaffiliated third party to take specific actions on your behalf does not relieve you of any of your responsibilities under The Terms of Service. You are fully responsible for all acts or omissions of any unaffiliated third party with access to your Account. Further, you acknowledge and agree that you will not hold Infiniti Group Ltd responsible for, and will indemnify Infiniti Group Ltd from, any liability arising out of or related to any act or omission of any unaffiliated third party with access to your Account.
10.4. Suspension, Termination, and Cancellation .
When the Account is terminated, the remaining Account balance will be used to settle the charges and liabilities owed to Infiniti Group Ltd. Upon payment of all outstanding charges and liabilities owed to Infiniti Group Ltd (if any), User will have ten (10) business days to withdraw the Digital Assets from the Account. In case that the Account termination is due to fraud, violation of the law, money laundering, terrorist financing or a breach of these terms, we reserve the right to maintain full custody of the Digital Assets which may be seized by government or enforcement authorities.
Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause you and Infiniti Group Ltd to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Infiniti Group Ltd to be treated as the agent of the other.
You are responsible for maintaining adequate security and control of any and all user IDs, passwords that you use to access the Services. You are strongly encouraged to use two-factor authentication in accessing the Website and the Services, and may adjust their security features in their user settings. If you suspect or become aware of any unauthorized use of your Account, you should notify Infiniti Group Ltd immediately. Infiniti Group Ltd assumes no liability for any loss or damage arising from the access and/or use of your Account by you or any third party with or without your authorization.
10.8.. Taxes . It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct in connection with the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
All Intellectual Property Rights relating to the Website, the Content, the User Content, and the Services are the property of Infiniti Group Ltd. You acknowledge that all Intellectual Property Rights of Infiniti Group Ltd in the Website, the Content, the User Content, and the Services shall remain the property of Infiniti Group Ltd.
You are not granted any right to use, and may not use, any of the Intellectual Property Rights of Infiniti Group Ltd other than as set out in these Terms and subject to the following:
By submitting any User Content you warrant that you are entitled to, and have all necessary Intellectual Property Rights over. We reserve the right to disclose your identity to any third party who claims that any of your User Content constitutes a violation of their Intellectual Property Rights or of their right to privacy. You hereby transfer all rights, ownership and interests of your User Content and all related intellectual property rights to Infiniti Group Ltd. You have no right and hereby waive any request for acknowledgment or compensation based on any User Content, or any modifications based on any User Content.
Investing in and trading Digital Assets and/or Digital Asset Derivatives is risky and you should never trade more than you can afford to lose. The following list of risks associated with Digital Assets, and Digital Asset Derivatives, and the Services is not exhaustive. Please read the Risk Warning for further information.
h)We do not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our Website or Services may be interfered with by numerous factors outside of our control, including regulatory reasons and issues with various Blockchain networks.
In the event of:
Infiniti Group Ltd reserves the right to satisfy any obligation User may have, either directly or by way of guarantee of suretyship, out of any of User�s funds held in the Exchange Sub-Account. This action may be taken without prior notice of sale or purchase or other notice to User, User�s personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely User�s or held jointly with others.
You agree to indemnify and hold Infiniti Group Ltd, its subsidiaries, affiliates, agents, employees, agents, successors and assigns (� Infiniti Group Ltd Entities� ) harmless from and against any and all liabilities, losses, damages, costs and expenses, including attorney�s fees, incurred by any of Infiniti Group Ltd Entities arising out of User�s failure to fully and timely perform User�s obligations herein or under any Third Party License or should any of User�s representations and warranties fail to be true and correct. You also agree to pay Infiniti Group Ltd Entities promptly all damages, costs and expenses, including attorney�s fees, incurred in the enforcement of any of the provisions of these Terms and any other agreements between Infiniti Group Ltd and the User. In addition to any limitations of liability specified elsewhere in these Terms, Infiniti Group Ltd Entities shall not be held liable and are released from all claims and losses incurred in such regard if the claim or loss was caused or contributed to by:
Infiniti Group Ltd Entities reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this section.
15.1 Infiniti Group Ltd Entities shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of Infiniti Group Ltd including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
15.2. Neither Infiniti Group Ltd nor any of its subsidiaries, affiliates or agents warrants that the Website and/or the Services will be available without interruption or will be error free and such Website and/or Services are being provided �AS IS� without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
15.3. Under no circumstances shall Infiniti Group Ltd or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the Website and/or Services including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of User�s computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
15.4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL INFINITI GROUP LTD ENTITIES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF INFINITI GROUP LTD ENTITIES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF THE INFINITI GROUP LTD ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF INFINITI GROUP LTD ENTITIES GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF INFINITI GROUP LTD ENTITIES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF THE SERVICES OFFERED BY OR ON BEHALF OF INFINITI GROUP LTD ENTITIES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO INFINITI GROUP LTD ENTITIES UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES AND CLOSE YOUR ACCOUNT. THE SERVICES ARE PROVIDED �AS IS� AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED. INFINITI GROUP LTD ENTITIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFINITI GROUP LTD ENTITIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY, SUITABILITY AND PERFORMANCE OF ANY DIGITAL ASSETS, DIGITAL ASSET DERIVATIVES, THE SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS. THE SERVICES ARE PROVIDED ON AN �AS IS� AND �AS AVAILABLE� BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INFINITI GROUP LTD ENTITIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. INFINITI GROUP LTD ENTITIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE, ANY PART OF THE SERVICES, THE TRADING PLATFORM, MOBILE APPLICATIONS OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
From time to time, Infiniti Group Ltd may fail to require or strictly enforce compliance with relation to any provision in these Terms of Service. Infiniti Group Ltd may also fail to exercise any or all of its rights empowered herein. Any such failure shall not be construed as a waiver or relinquishment of Infiniti Group Ltd�s right to assert or rely upon any such provision or right in that or in any other instance. If applicable, an express waiver given by Infiniti Group Ltd of any condition, provision, or requirement of these Terms of Service shall not constitute a waiver of any future obligation to comply with such condition, provision or requirement.
These Terms, and any terms announced on the Website are governed and shall be governed by and construed in accordance with the laws of Saint Vincent and the Grenadines and South Africa what relates to operation within the scope of the Financial Service Provider License of Category II without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
You agree to submit any Dispute (as defined below) to arbitration in accordance with The Terms of Service of Section 17. To the extent that the agreement to arbitrate is ineffective or void, you agree to submit to the non-exclusive jurisdiction of the courts of Saint Vincent and the Grenadines. If the dispute is related to the operations covered by the Financial Service Provider category II License issued by the South Africa then the non- exclusive jurisdiction of courts of South Africa.
18.1.By using the Infiniti Group Ltd platform, you agree that any disputes arising between you and Infiniti Group Ltd will be resolved through arbitration, except if you are a consumer and, according to your jurisdiction, you have the right to choose a different dispute resolution method prescribed by your jurisdiction. If a dispute arises between Infiniti Group Ltd and a consumer, the consumer has the right to choose whether to use arbitration for dispute resolution or another method prescribed by the applicable law of the consumer's domicile.
18.2.This clause ensures that while arbitration is the primary method for dispute resolution, consumers maintain their legal rights to select the most appropriate method as per their jurisdiction's laws.
18.3. Any dispute, claim, suit, action, cause of action, demand, or proceeding arising out of or related to these Terms, and any terms announced on the Website (including with respect of their validity, existence, or termination), any Services, action or transaction under or contemplated by these Terms, (any �Dispute�) that is not settled by you and Infiniti Group Ltd within 30 days from the date that either party notifies the other party in writing of the Dispute shall be referred to and finally settled by arbitration. Further, the parties hereby agree that:
Otherwise;
You and Infiniti Group Ltd agree that any claims relating to these Terms of Service or to your relationship with Infiniti Group Ltd as a User of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms of Service) shall be brought against the other party in an arbitration or as per consumer choice to other dispute resolution institution on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Infiniti Group Ltd further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. You agree not to join with any other individual or entity or group of individuals or entities for the purpose of seeking to resolve the respective Disputes on a consolidated or representative basis.
The Privacy Policy of Infiniti Group Ltd can be found here Privacy Policy.
You may not assign any rights and/or licenses granted under these Termsof Service. We reserve the right to assign our rights without restriction, including without limitation to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If any provision of The Terms of Service shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of The Terms of Service shall not be affected.
We shall have no liability for any failure or delay resulting from any abnormal or unforeseeable circumstances outside our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including without limitation governmental action or acts of terrorism, war, earthquake, fire, flood, or other acts of God, labor conditions, delays or failures caused by problems with another system or network, mechanical breakdown or data-processing failures or where we are bound by other legal obligations.
Upon termination of your account or this Agreement for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.
The Terms of Service are not intended and shall not be construed to create any rights or remedies in any parties other than you and us and any affiliates which each shall be a third party beneficiary of The Terms of Service, and no other person shall assert any rights as a third party beneficiary hereunder.
USER ACKNOWLEDGES HAVING RECEIVED, READ AND UNDERSTOOD THE FOREGOING TERMS AND HEREBY AGREES TO BE BOUND BY ALL OF THE TERMS OF SERVICE AND CONDITIONS HEREOF.